Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I thank my colleague for his persistence in offering this legislation. As he said, in committee, we had a successful markup where we were able to unanimously support…
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I thank my colleague for his persistence in offering this legislation. As he said, in committee, we had a successful markup where we were able to unanimously support this legislation. It is important legislation.
We don't agree on everything. One doesn't have to go very far. Back in committee, right now, where we have a rather contentious markup on a budget using estimates, as I said in that meeting: When we do agree, we should come together. Representative Barr and I have talked about this issue for quite some time, and I am really pleased to see it move forward.
Madam Speaker, I urge my colleagues to support H.R. 2226, the Portfolio Lending and Mortgage Access Act, which would allow certain mortgages that are originated and retained in portfolio by a bank with less than $10 billion in total assets to be considered as qualified mortgages.
In the lead-up to the financial crisis, there were a number of mortgage lenders that did not do their due diligence in underwriting mortgages. We saw a number of exotic products being offered to individuals and families premised on a continually rising housing market.
These included ``no doc'' loans where the lender did not document or verify a borrower's income. There were real consequences for those sorts of loans. Many of these borrowers never really had any hope of paying back those loans. As those mortgages went into default, the foreclosures helped lead to a financial crisis that devastated the U.S. economy, and millions of families were stripped from their single source of wealth: the equity in their home.
In the wake of that crisis, Congress passed the Dodd-Frank Act and required lenders to assess a consumer's ability to repay their mortgage loans.
We also provided statutory penalties for mortgage lenders that did not follow these new underwriting standards.
Congress also directed the Consumer Financial Protection Bureau to enact regulations to create a safe harbor for creditors, where it would be presumed that the creditor evaluated the borrower's ability to repay.
In 2013, under the direction of former Director Cordray, the Consumer Financial Protection Bureau released its ability-to-repay and qualified mortgage rule. This rule defined how lenders could take advantage of that safe harbor.
Qualified mortgages, commonly referred to as QM loans, are a special category of loans that have strong underwriting standards and certain nonpredatory loan features that help make them more likely that borrowers will be able to afford their mortgages.
So if a lender originates a QM loan, it means that the lender met certain requirements, and it is assumed that the lender followed the ability-to-repay rule as drafted by the Consumer Financial Protection Bureau. This also allows the lender to be shielded from certain types of liability associated with originating bad loans.
I and my colleagues were pleased that the Consumer Financial Protection Bureau tailored the rule to ensure that lenders who serve rural and underserved communities have flexibility in serving their customers.
While that was a very good first step, Congress has pushed to expand this tailoring to include even more community banks and credit unions, consistent with safe and sound operations. H.R. 2226, as amended in the committee, provides this targeted and, I think, reasonable relief.
As Representative Barr and I have indicated, there are additional refinements to the bill that I would have still liked to have seen adopted, such as additional guardrails on the types of products offered. I am glad, however, and as Mr. Barr indicated, the leadership of the committee, the majority, agreed to crucial language offered by Mr. Capuano to improve the bill.
As amended, lenders are required to continually hold these loans in portfolio, and not only consider and document, but verify a borrower's income information.
Congress should not be in the business of allowing lenders to underwrite and offer mortgage loans that borrowers have no ability to repay.
I am supportive of this bill for that reason, but also because I believe it will help in areas of the country that have weaker housing markets. This has really been the reason that I have been interested in the issue of portfolio lending.
As many know, I represent Flint, Michigan, which not unlike a number of communities across the country have very weak and very low cost markets. You can purchase a single family home in Flint for $25,000-- not $250,000--$25,000.
Under the QM rules, financial institutions sometimes, justifiably, struggle to make these small mortgages, resulting in even more stagnant markets--it is a vicious cycle--and weakening these markets permanently. If we can't get people financed into mortgages, these communities and the market will never recover.
This bill will encourage community banks and credit unions to make those smaller mortgages, to help weaker markets.
It is for that reason and many others, but particularly for that reason, that I encourage my colleagues to support this legislation. It is a big step in the right direction for weak markets. I hope my colleagues will join me in supporting it.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I yield myself the balance of my time to close.
Madam Speaker, just to reiterate, we don't agree on everything. Even some of the debate in this conversation, I think we could find areas of disagreement. But when it comes to the specifics of this legislation, I think it strikes a good balance. The balance, for me, being the notion that we can deem these mortgages held by smaller institutions, as long as they are held in portfolio, as meeting the QM requirements.
In exchange for that, what we get is, in weak markets, we get a chance for folks who essentially have been locked out of home ownership to be able to get a small mortgage literally on a $25,000, $30,000, or $40,000 home and begin to build equity that will return value to that family and to that community for a long, long time.
For that reason, I support this legislation and I urge my colleagues to join me in voting ``yes'' on it.
Madam Speaker, I yield back the balance of my time.